[EL] New NY Emergency Express Advocacy IE Rules

[Sean Parnell]

I'm curious what makes these 'emergency' rules. Did they not go through the
normal process (I'm assuming there is one) for regulations issued by the
NYSBE?

 

Sean Parnell

President

Impact Policy Management, LLC

6411 Caleb Court

Alexandria, VA  22315

571-289-1374 (c)

sean at impactpolicymanagement.com

 

From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of David
Mitrani
Sent: Wednesday, August 20, 2014 8:58 PM
To: law-election at UCI.edu
Subject: [EL] New NY Emergency Express Advocacy IE Rules

 

Long-time reader, first-time writer on these boards. 

 

The New York State Board of Elections recently passed very expansive
emergency rules for express advocacy - essentially employing a "facts and
circumstances" test for express advocacy, regulating almost every
communication mentioning and commenting on a candidate after January 1st of
the election year.  

 

To make matters stranger, these emergency rules expire on November 1, 2014.
I've seen express advocacy standards in most of the states, and I've never
seen anything like this.

 

The regulations can be found here:
http://www.elections.ny.gov/NYSBOE/download/finance/2014IERegText5222014Rev7
092014_2.pdf

 

Has anyone heard about these?  Any opinions on whether they pass muster?

 

Dave

 

-- 

David Mitrani

Associate

Sandler Reiff Lamb Rosenstein & Birkenstock, P.C.

 

1025 Vermont Avenue NW, Suite 300

Washington, D.C. 20005

w. (202) 479 - 1111

f. (202) 479 - 1115

 

mitrani at sandlerreiff.com

Twitter: @davemitrani

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